The North East Mayoral Combined Authority (Establishment and Functions) Order 2024

PART 1 General

Citation, commencement, and extent

1.—(1) This Order may be cited as the North East Mayoral Combined Authority (Establishment and Functions) Order 2024.

(2) This Part and Part 4 (election of Mayor) come into force on the day after the day on which this Order is made.

(3) The remaining provisions in this Order come into force on 7th May 2024.

(4) This Order extends to England and Wales.

Interpretation

2.  In this Order—

“the 1972 Act” means the Local Government Act 1972(1);

“the 1985 Act” means the Transport Act 1985(2);

“the 1989 Act” means the Local Government and Housing Act 1989(3);

“the 1990 Act” means the Town and Country Planning Act 1990(4);

“the 1999 Act” means the Greater London Authority Act 1999(5);

“the 2000 Act” means the Transport Act 2000(6);

“the 2003 Act” means the Local Government Act 2003(7);

“the 2004 Act” means the Planning and Compulsory Purchase Act 2004(8);

“the 2008 Act” means the Housing and Regeneration Act 2008(9);

“the 2009 Act” means the Local Democracy, Economic Development and Construction Act 2009;

“the 2011 Act” means the Localism Act 2011(10);

“the 2014 Order” means the Durham, Gateshead, Newcastle Upon Tyne, North Tyneside, Northumberland, South Tyneside and Sunderland Combined Authority Order 2014(11)—

(a)

for the purposes of this Part and Part 4, as in force on the day that this Order is made;

(b)

for all other purposes, as in force immediately before 7th May 2024;

“the 2018 Order” means the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018(12)—

(a)

for the purposes of this Part and Part 4, as in force on the day that this Order is made;

(b)

for all other purposes, as in force immediately before 7th May 2024;

“ASCLA” means the Apprenticeships, Skills, Children and Learning Act 2009(13);

“apprenticeship training” has the meaning given in section 83(5) of the ASCLA;

“Combined Area” means the area consisting of the areas of the constituent councils;

“the Combined Authority” means the combined authority established by article 5;

“Constituent Council Member” means an elected member appointed to the Combined Authority by a constituent council pursuant to paragraph 1(1)(a) of Schedule 1;

“constituent councils” means the councils for the local government areas of Durham, Gateshead, Newcastle Upon Tyne, North Tyneside, Northumberland, South Tyneside and Sunderland, and a reference to a “constituent council” is a reference to any one of those councils;

“Corporation” means a corporation established by the Secretary of State in accordance with the provisions in section 198 of the 2011 Act, as modified by Schedule 6, following the designation of an area of land by the Combined Authority;

“the Durham, Gateshead, South Tyneside and Sunderland Combined Authority” means the combined authority established by article 3 of the 2014 Order which by virtue of article 3(4) of the 2018 Order is known as the Durham, Gateshead, South Tyneside and Sunderland Combined Authority;

“HA 1985” means the Housing Act 1985(14);

“ITA” means the Tyne and Wear Integrated Transport Authority;

“the joint transport committee” means the committee appointed under article 8 of the 2018 Order as constituted immediately before 7th May 2024, that committee being the forum by way of which the Durham, Gateshead, South Tyneside and Sunderland Combined Authority and the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority made decisions in respect of the transport functions outlined in article 9(1) of the 2018 Order across the whole of the area covered by those combined authorities;

“Mayor” means the Mayor for the Combined Area as provided for by article 14, except in the terms “mayor of the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority” and “Mayor of London”(15);

“the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority” means the authority established by article 3(1) of the 2018 Order;

“person subject to adult detention” is to be construed in accordance with section 121(4) of the ASCLA;

“Substitute Constituent Council Member” means an elected member appointed to the Combined Authority by a constituent council pursuant to paragraph 1(1)(b) of Schedule 1;

“the TMA” means the Traffic Management Act 2004(16).

PART 2 Establishment

Dissolution of the combined areas of Durham, Gateshead, South Tyneside and Sunderland and Newcastle Upon Tyne, North Tyneside and Northumberland and the abolition of their respective combined authorities

3.—(1) The combined area as defined by article 2 of the 2014 Order, that area having been the area covered by the Durham, Gateshead, South Tyneside and Sunderland Combined Authority, is dissolved on 7th May 2024.

(2) The combined area as defined by article 2 of the 2018 Order, that area having been the area covered by the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority, is dissolved on 7th May 2024.

(3) The Durham, Gateshead, South Tyneside and Sunderland Combined Authority and the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority are abolished on 7th May 2024.

(4) The 2014 Order, the 2018 Order and the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Adult Education Functions) Order 2019(17) are revoked on 7th May 2024.

Abolition of the Joint Transport Committee

4.  The joint transport committee is abolished on 7th May 2024.

Establishment of the North East Mayoral Combined Authority

5.—(1) There is established on 7th May 2024 a combined authority for the Combined Area.

(2) The combined authority is a body corporate to be known as the North East Mayoral Combined Authority.

(3) The functions of the Combined Authority are those functions conferred or imposed upon it by this Order or by any enactment (whenever passed or made), or as may be delegated to it by or under this Order or any other enactment (whenever passed or made).

Constitution of the Combined Authority

6.  Schedule 1 (which makes provision about the constitution of the Combined Authority) has effect.

PART 3 Transfer of Functions, Property, Rights, Assets and Liabilities and associated provision

Transfer of property, assets, rights and liabilities

7.  All property, rights, assets and liabilities, including rights and liabilities in relation to contracts of employment, which immediately before 7th May 2024 were property, rights, assets and liabilities of the Durham, Gateshead, South Tyneside and Sunderland Combined Authority or the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority are to transfer to, and by virtue of this article vest in, the Combined Authority on 7th May 2024.

Transfer of functions

8.  Subject to article 12 (pension liabilities), any function of the Durham, Gateshead, South Tyneside and Sunderland Combined Authority or the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority which is not otherwise conferred on the Combined Authority by any other provision in this Order is conferred on the Combined Authority by this article.

Continuity provision

9.—(1) Nothing in this Order affects the validity of anything done before 7th May 2024 by or in relation to—

(a) the ITA with respect to the functions, property, rights and liabilities transferred under article 6 of the 2014 Order and article 7(1)(a) of the 2018 Order;

(b) Durham County Council and Northumberland County Council with respect to the functions transferred under article 8 of the 2014 Order;

(c) Durham County Council and Northumberland County Council with respect to the functions transferred under article 7(1)(b) and (c) of the 2018 Order;

(d) the Durham, Gateshead, South Tyneside and Sunderland Combined Authority with respect to functions exercised in relation to the Combined Area; and

(e) the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority with respect to functions exercised in relation to the Combined Area.

(2) Anything (including legal proceedings) which—

(a) is in the process of being done by or in relation to the Durham, Gateshead, South Tyneside and Sunderland Combined Authority or the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority immediately before 7th May 2024;

(b) relates to any functions of either of those Authorities exercised in relation to the Combined Area including the functions exercisable by the joint transport committee under article 9(1)(a) to (h) of the 2018 Order; and

(c) relates to the property, rights, assets and liabilities transferred by article 7,

may be continued by the Combined Authority.

(3) Anything which—

(a) is in effect immediately before 7th May 2024; and

(b) was made or done by or in relation to the Durham, Gateshead, South Tyneside and Sunderland Combined Authority or the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority for the purposes of or otherwise in connection with any functions exercised in relation to the Combined Area, including the functions exercisable by the joint transport committee under article 9(1)(a) to (h) of the 2018 Order,

has effect as if made or done by or in relation to the Combined Authority.

(4) The Combined Authority is to be substituted for the Durham, Gateshead, South Tyneside and Sunderland Combined Authority and for the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority in any instruments, contracts or legal proceedings which—

(a) are made or commenced before 7th May 2024; and

(b) relate to any of the functions exercisable by the Durham, Gateshead, South Tyneside and Sunderland Combined Authority or, as the case may be, the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority in relation to the Combined Area, including the functions exercisable by the joint transport committee under article 9(1)(a) to (h) of the 2018 Order.

(5) Anything (including legal proceedings) which is in the process of being done by or in relation to a relevant body immediately before 7th May 2024 and which relates to the functions exercisable by the joint transport committee under article 9(1)(a) to (h) of the 2018 Order, may be continued by the Combined Authority.

(6) The Combined Authority is to be substituted for a relevant body in any instruments, contracts or legal proceedings which—

(a) are made or commenced before the coming into force of this Part; and

(b) relate to any of the functions exercisable by the joint transport committee under article 9(1)(a) to (h) of the 2018 Order.

(7) For the purposes of this article, a relevant body is—

(a) the ITA;

(b) Durham County Council;

(c) Northumberland County Council;

(d) the Durham, Gateshead, South Tyneside and Sunderland Combined Authority;

(e) the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority.

(8) A reference in this article to anything made or done by or in relation to a relevant body includes a reference to anything which by virtue of any enactment is to be treated as having been made or done by or in relation to that body.

Extension of financial year of the Durham, Gateshead, South Tyneside and Sunderland Combined Authority and the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority

10.—(1) The requirement in section 3(3) of the Local Audit and Accountability Act 2014(18) for a relevant authority to prepare a statement of accounts for each financial year is modified in the case of the Durham, Gateshead, South Tyneside and Sunderland Combined Authority and the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority as set out in paragraph (2).

(2) In relation to the financial year beginning with 1st April 2023, the Combined Authority is to prepare a statement of accounts for each of the authorities mentioned in paragraph (1) as though that financial year were to end with 7th May 2024.

Statutory Officers

11.—(1) The Combined Authority must designate the person who, immediately before 7th May 2024, held the role of Chief Finance Officer, such person having had responsibility for the proper administration of its financial affairs within the meaning of section 73 of the Local Government Act 1985 (financial administration)(19), in the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority, to be its Chief Finance Officer.

(2) The Combined Authority must designate the person who, immediately before 7th May 2024, held the role of Head of Paid Service, within the meaning of section 4 of the 1989 Act (designation and reports of head of paid service), in the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority, to be its Head of Paid Service.

(3) The Combined Authority must designate the person who, immediately before 7th May 2024, held the role of Monitoring Officer, within the meaning given in section 5 of the 1989 Act (designation and reports of monitoring officer), in the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority, to be its Monitoring Officer.

(4) The Combined Authority must designate the person who, immediately before 7th May 2024, held the role of Scrutiny Officer, within the meaning of section 9FB of the Local Government Act 2000 (scrutiny officers)(20), in the Durham, Gateshead, South Tyneside and Sunderland Combined Authority, to be its Scrutiny Officer.

(5) In the event that any of the posts listed in paragraph (1) or (4) lies vacant immediately before, or on, 7th May 2024, the Combined Authority must as soon as reasonably practicable designate a new person to that post.

Pension liabilities

12.  The Combined Authority is the scheme employer for the purposes of the Local Government Pension Scheme Regulations 2013(21) in place of the Durham, Gateshead, South Tyneside and Sunderland Combined Authority, or, as the case may be, the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority and is to be responsible for meeting the liabilities of the Tyne and Wear Pension Fund in respect of benefits due to, or in respect of, the ITA’s former employees, or any liabilities of the Durham, Gateshead, South Tyneside and Sunderland Combined Authority or the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority.

PART 4 Election of Mayor

Cancellation of the election for the mayor of the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority in 2024

13.—(1) The 2018 Order is amended as follows.

(2) In article 5 (Mayor) for paragraphs (3), (4) and (5) substitute—

“(3A) There are to be no subsequent elections for the return of a Mayor following the election that took place on 2nd May 2019.

(4A) The term of office of the Mayor elected on 2nd May 2019 is to continue until the end of 6th May 2024.”.

The Mayor

14.—(1) There is to be a Mayor for the Combined Area.

(2) The first election for the return of a Mayor is to be held on 2nd May 2024.

(3) Subsequent elections for the return of the Mayor must take place—

(a) on the ordinary day of election of councillors in England in 2028; and

(b) in each subsequent fourth year on the ordinary day of election of councillors in England in that year.

(4) In this article, “the ordinary day of election of councillors in England” means, in relation to any year, the day that is the ordinary day of election in that year of councillors in England in accordance with section 37 of the Representation of the People Act 1983(22).

The Mayor’s first and subsequent terms of office

15.—(1) The term of office of the Mayor for the Combined Area who is elected in 2024—

(a) begins with 7th May 2024; and

(b) ends with the fourth day after the day of the poll at the next election for the return of a Mayor for the Combined Area.

(2) The term of office of the Mayor who is elected in 2028 and in each subsequent fourth year—

(a) begins with the fourth day after the day of the poll at the election for the return of a Mayor for the Combined Area; and

(b) ends with the fourth day after the day of the poll at the next election for the return of a Mayor for the Combined Area.

Modification of the Combined Authorities (Mayoral Elections) Order 2017

16.—(1) The Combined Authorities (Mayoral Elections) Order 2017 (“ the 2017 Order”)(23) has effect for the purposes of the election to be held for the return of the Mayor on 2nd May 2024 with the modifications specified in paragraphs (2) to (7).

(2) Article 2 (interpretation) is to be read as if—

(a) the existing paragraph were numbered “(1)”;

(b) there were inserted after that paragraph—

“(2) In this Order, any reference to a “combined authority” includes a reference to the North East Mayoral Combined Authority, to be established by article 5 of the North East Mayoral Combined Authority (Establishment and Functions) Order 2024.”.

(3) Article 6 (combined authority returning officer) is to be read as if—

(a) at the beginning of article 6(1) there were inserted “Subject to paragraph (1A),”;

(b) after paragraph (1) there were inserted—

“(1A) In relation to the election on 2nd May 2024 to be held for the return of a Mayor for the North East Mayoral Combined Authority, which is to be established by article 5 of the North East Mayoral Combined Authority (Establishment and Functions) Order 2024, (“the election”), the Sunderland City Council returning officer is to be the combined authority returning officer in relation to the election, but in the event that they are unable to act, the deputy Sunderland City Council returning officer is to be the returning officer for the election.”.

(4) Article 8 (free delivery of elections addresses) is to be read as if for paragraph (2) there were substituted—

“(2) Candidates’ election addresses are to be delivered at the expense of the constituent councils, such expenditure to be reimbursed by the North East Mayoral Combined Authority following its establishment.”.

(5) In Schedule 1 (the Combined Authority Mayoral Elections Rules)—

(a) rule 28(6) is to be read as if for sub-paragraph (b) there were substituted—

“(b) the following notice which must be exhibited in every compartment of every polling station—

“NORTH EAST MAYORAL COMBINED AUTHORITY MAYORAL ELECTION

Vote for ONLY ONE CANDIDATE by putting a cross [X] in the box next to your choice.

PUT NO OTHER MARK ON THE BALLOT PAPER OR YOUR VOTE MAY NOT COUNT.””;

(b) rule 59 is to be read as if for paragraph (17) there were substituted—

“(17) The combined authority returning officer, or as the case may be, their deputy, acting in their capacity as the combined authority returning officer in relation to the election must inform the respective proper officers(24) of the Durham, Gateshead, South Tyneside and Sunderland Combined Authority and the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority of the result of the election.”.

(6) In Schedule 2 (modifications of Acts and statutory instrument), in paragraph 1 (modification of the Representation of the People Act 1983), the existing modification of section 36 of the Representation of the People Act 1983 made by sub-paragraph (6)(b) is to be read as if for the inserted subsection (4C) there were substituted—

“(4C) All expenditure properly incurred by a returning officer or combined authority returning officer in relation to the holding of a combined authority mayoral election must, in so far as it does not, in cases where there is a scale fixed for the purposes of this section by the Durham, Gateshead, South Tyneside and Sunderland Combined Authority and the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority, exceed that scale, be paid by the constituent councils of the North East Mayoral Combined Authority, and reimbursed by the North East Mayoral Combined Authority.”.

(7) In Schedule 3 (Combined Authority Mayoral Election (Combination of Polls) Rules)—

(a) in rule 28(8)(b), the entry “[Specify name of combined authority] COMBINED AUTHORITY MAYORAL ELECTION ([specify colour] ballot paper)” is to be read as if for it there were substituted—

“NORTH EAST MAYORAL COMBINED AUTHORITY MAYORAL ELECTION ([specify colour] ballot paper)”;

(b) rule 59 is to be read as if for paragraph (18) there were substituted—

“(18) The combined authority returning officer, or as the case may be, their deputy, acting in their capacity as the combined authority returning officer in relation to the election must inform the respective proper officers of the Durham, Gateshead, South Tyneside and Sunderland Combined Authority and the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority of the result of the election.”.

Political adviser

17.—(1) The Mayor may appoint one person as the Mayor’s political adviser.

(2) Any appointment under paragraph (1) is an appointment as an employee of the Combined Authority.

(3) No appointment under paragraph (1) may extend beyond—

(a) the term of office for which the Mayor who made the appointment was elected; or

(b) where the Mayor who made the appointment ceases to be the Mayor before the end of the term of office for which the Mayor was elected, the date on which the Mayor ceases to hold that office.

(4) A person appointed under paragraph (1) is to be regarded for the purposes of Part 1 of the 1989 Act (political restriction of officers and staff) as holding a politically restricted post under a local authority.

(5) Subject to paragraph (6), section 9(1), (8), (9) and (11) of the 1989 Act (assistants for political groups(25)), apply in relation to an appointment under paragraph (1) as if—

(a) any appointment to that post were the appointment of a person in pursuance of that section; and

(b) the Combined Authority were a relevant authority for the purposes of that section.

(6) Subsection (3) of section 9 of the 1989 Act applies in relation to an appointment under paragraph (1) as if the words from “and that the appointment terminates” to the end of that subsection were omitted.

PART 5 Transport

Passenger Transport Executive

18.—(1) In this article “ the Executive” means the Tyne and Wear Passenger Transport Executive.

(2) The Executive is to be an executive body of the Combined Authority for the purposes of Part 5 of the Local Transport Act 2008(26) and Part 6 of the 2009 Act.

(3) In the application of section 101 of the 1972 Act (arrangements for the discharge of functions) to the Combined Authority, the Executive is to be treated as if it were an officer of the Combined Authority.

Transfer of functions etc. relating to transport

19.  Insofar as they are not otherwise conferred by the making of this Order, the following functions are transferred to the Combined Authority—

(a) the functions of an ITA(27) which were exercisable by the Durham, Gateshead, South Tyneside and Sunderland Combined Authority or, as the case may be, the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority immediately before 7th May 2024 in relation to the Combined Area or any part thereof;

(b) the functions of a county council under Parts 4 and 5 of the 1985 Act(28) which were exercisable by the Durham, Gateshead, South Tyneside and Sunderland Combined Authority or, as the case may be, the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority immediately before 7th May 2024 in relation to the Combined Area or any part thereof;

(c) the functions of a county council as local transport authority under Part 2 of the 2000 Act, which were exercisable by the Durham, Gateshead, South Tyneside and Sunderland Combined Authority or, as the case may be, the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority immediately before 7th May 2024 in relation to the Combined Area or any part thereof;

(d) any other function not coming within paragraph (a), (b) or (c) that was exercised by the Durham, Gateshead, South Tyneside and Sunderland Combined Authority or, as the case may be, the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority through the joint transport committee immediately before 7th May 2024 in relation to the Combined Area or any part thereof.

Adaptation of enactments

20.—(1) This article has effect in consequence of article 19 (transfer of functions etc. relating to transport).

(2) In any enactment (whenever passed or made)—

(a) any reference to an integrated transport area; or

(b) any reference which falls to be read as a reference to such an area,

is to be treated as including a reference to the Combined Area.

(3) In any enactment (whenever passed or made)—

(a) any reference to an integrated transport authority; or

(b) any reference which falls to be read as a reference to such an authority,

is to be treated as including a reference to the Combined Authority.

(4) Any reference in any enactment (whenever passed or made) relating to—

(a) a function of a county council under Part 4 or 5 of the 1985 Act; or

(b) a function of a county council as a local transport authority under Part 2 of the 2000 Act,

and which is a reference to a county or any class of area which includes a county is to be treated as including a reference to the Combined Area.

(5) Any reference in any enactment (whenever passed or made) relating to—

(a) a function of a county council under Part 4 or Part 5 of the 1985 Act; or

(b) a function of a county council as a local transport authority under Part 2 of the 2000 Act,

and which is a reference to a county council or any class of body which includes a county council is to be treated as including a reference to the Combined Authority.

(6) Part 1 of Schedule 2, which amends miscellaneous transport-related legislation, has effect.

Agreements between authorities and strategic highways companies

21.—(1) The functions of the constituent councils specified in section 6 of the 1980 Act (powers to enter into agreements with the Minister or strategic highways companies relating to the exercise of functions with respect to trunk roads etc)(29) are exercisable by the Combined Authority in relation to the Combined Area.

(2) The functions of the constituent councils as local highway authorities specified in section 8 of the 1980 Act (power to enter into agreements with local highway authorities and strategic highways companies for doing of certain works)(30) are exercisable by the Combined Authority in relation to the Combined Area.

(3) The functions referred to in paragraphs (1) and (2) are exercisable by the Combined Authority concurrently with the constituent councils.

(4) In this article—

(a) “the 1980 Act” means the Highways Act 1980(31);

(b) “local highway authority” has the meaning given by section 329(1) of the 1980 Act.

(5) The exercise of the functions referred to in paragraphs (1) and (2) requires the consent of each Constituent Council Member whose constituent council’s area contains any part of the land in relation to which the function is to be exercised.

Permit schemes

22.—(1) The functions of the constituent councils as local highway authorities specified in the following provisions of the TMA are exercisable by the Combined Authority in relation to the Combined Area—

(a) section 33 (preparation of permit schemes(32));

(b) section 33A (implementation of permit schemes of strategic highways companies and local highway authorities in England)(33); and

(c) section 36 (variation and revocation of permit schemes)(34).

(2) The functions of the constituent councils as permit authorities specified in the 2007 Regulations are exercisable by the Combined Authority in relation to the Combined Area.

(3) The functions mentioned in paragraphs (1) and (2) are exercisable by the Combined Authority concurrently with the constituent councils.

(4) Part 3 of the TMA (permit schemes) applies in relation to the preparation, implementation, variation and revocation of permit schemes by the Combined Authority as it applies in relation to the preparation, implementation, variation and revocation of permit schemes by a constituent council, subject to the modifications in Part 2 of Schedule 2.

(5) The 2007 Regulations apply in relation to the content, preparation, operation, variation and revocation of permit schemes by the Combined Authority as they apply in relation to the content, preparation, operation, variation and revocation of permit schemes by a constituent council.

(6) For the purposes of paragraph (5), references in the 2007 Regulations to a Permit Authority are to be read as including references to the Combined Authority.

(7) In this article—

(a) “the 2007 Regulations” means the Traffic Management Permit Scheme (England) Regulations 2007(35);

(b) “local highway authority” has the meaning given by section 329(1) of the 1980 Act;

(c) “permit authority” has the same meaning as in regulation 2(1) of the 2007 Regulations;

(d) “permit scheme” is to be construed in accordance with section 32 of the TMA.

(8) The exercise of the functions referred to in paragraphs (1) and (2) requires the consent of each Constituent Council Member whose constituent council’s area contains any part of the land in relation to which the function is to be exercised.

Promoting road safety

23.—(1) The functions of the constituent councils specified in section 39(2) and (3) of the Road Traffic Act 1988(36) (duties of local authorities in relation to measures designed to promote road safety and studies into vehicular accidents arising, etc)(37) are exercisable by the Combined Authority in relation to the Combined Area.

(2) The functions are exercisable by the Combined Authority concurrently with the constituent councils.

(3) The exercise of the functions referred to in paragraph (1) requires the consent of each Constituent Council Member whose constituent council’s area contains any part of the land in relation to which the function is to be exercised.

Grants to bus service operators

24.—(1) Subject to paragraphs (2) to (4), the functions of the Secretary of State set out in section 154(1) (grants to bus service operators) of the 2000 Act are exercisable by the Combined Authority in relation to the Combined Area(38).

(2) Section 154(1) of the 2000 Act has effect as if the words “with the approval of the Treasury” were omitted.

(3) Grants made under paragraph (1) must be—

(a) calculated in accordance with such method as may be provided by any regulations made by the Secretary of State under section 154(2) of the 2000 Act; and

(b) subject to sub-paragraph (a), of such amount and subject to such conditions (including conditions requiring their repayment in specified circumstances) as may be determined by the Secretary of State by virtue of section 154(3) of the 2000 Act and notified to the Combined Authority.

(4) Grants must not be made under paragraph (1) to the extent that eligible bus services operate outside the Combined Area.

(5) The functions mentioned in paragraph (1) are exercisable concurrently with the Secretary of State in relation to the Combined Area.

(6) In this article, “eligible bus services” has the meaning given by section 154(5) of the 2000 Act.

Bus lane contraventions

25.—(1) The functions of the constituent councils in relation to each of their civil enforcement areas are exercisable by the Combined Authority in relation to the Enforcement Area.

(2) The functions are exercisable by the Combined Authority (in relation to the Enforcement Area) concurrently with each constituent council (in relation to each of their civil enforcement areas).

(3) For the purposes of this article, the Combined Authority is to be treated as an enforcement authority for the Enforcement Area in relation to bus lane contraventions, and references in the General Provisions Regulations and the Appeals and Representations Regulations to an enforcement authority or civil enforcement area are to be construed accordingly.

(4) The exercise of the functions referred to in paragraph (1) requires the consent of a Constituent Council Member appointed by a constituent council whose area contains any part of the land in relation to which the function is to be exercised

(5) In this article—

“the General Provisions Regulations” means the Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022(39);

“the Appeals and Representations Regulations” means the Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022(40);

“bus lane contravention” has the meaning given in the TMA (see section 92 of, and Schedule 7 to, that Act);

“civil enforcement area” means an area falling within paragraph 9 of Schedule 8 to the TMA (civil enforcement areas and enforcement authorities) which falls within a constituent council’s area;

“Enforcement Area” means the area comprising the civil enforcement areas of the constituent councils.

Funding in respect of transport functions – levy

26.—(1) A levy issued by the joint transport committee for the financial year beginning with 1st April 2024 has effect for the remainder of that financial year as if it had been issued by the Combined Authority under section 74 of the Local Government Finance Act 1988(41).

(2) For the financial year beginning with 1st April 2025 and each subsequent financial year, the costs of the Combined Authority reasonably attributable to the exercise of its functions relating to transport are to be met by means of three separate levies issued by the Combined Authority to—

(a) the district councils in the county of Tyne and Wear;

(b) Durham County Council; and

(c) Northumberland County Council,

under section 74 of the Local Government Finance Act 1988, and in accordance with the Transport Levying Bodies Regulations 1992(42).

Power to pay grant - general

27.—(1) The functions of a Minister of the Crown specified in section 31 of the 2003 Act (power to pay grant) are functions of the Combined Authority that are exercisable in relation to the Combined Area.

(2) The functions are exercisable by the Combined Authority concurrently with a Minister of the Crown.

(3) Paragraph (4) applies where, in exercising functions referred to in paragraphs (1) and (2), the Combined Authority determines an amount of grant to be paid towards expenditure incurred or to be incurred by a constituent council in relation to the exercise of its highway functions.

(4) In determining that amount, the Combined Authority must have regard to the desirability of ensuring that the constituent council has sufficient funds to facilitate the effective discharge of those functions.

(5) To comply with paragraph (4), the Combined Authority must take into account any other sources of funding available to the constituent council for expenditure incurred or to be incurred in relation to the exercise of its highway functions.

(6) For the purposes of the exercise by the Combined Authority of the functions specified in paragraphs (1) and (2), section 31 of the 2003 Act has effect as if—

(a) in subsection (1)—

(i) the reference to a Minister of the Crown were a reference to the Combined Authority;

(ii) the reference to a local authority in England were a reference to a constituent council;

(b) subsection (2) were omitted;

(c) in subsections (3) and (4), the references to the person paying it (the grant) were references to the Combined Authority;

(d) subsection (6) were omitted.

(7) In this article “highway functions” means functions exercisable by a constituent council (in whatever capacity) in relation to the highways for which it is the highway authority.

Modification of the 2000 Act - implementation of the local transport plan

28.—(1) Section 113 (role of metropolitan district councils)(43) of the 2000 Act is modified as follows as it applies in respect of the local transport plan developed by the Combined Authority for the Combined Area.

(2) The heading is to be read as if after “metropolitan district” there were inserted “and county”.

(3) Subsection (2) is to be read as if after “metropolitan districts” there were inserted “and counties”.

PART 6 Education, Skills and Training

Adult education functions of the Secretary of State transferred to the Combined Authority in relation to the Combined Area

29.—(1) Subject to paragraph (2), the functions of the Secretary of State set out in the following provisions of ASCLA are exercisable by the Combined Authority in relation to the Combined Area—

(a) section 86 (education and training for persons aged 19 or over and others subject to adult detention(44);

(b) section 87 (learning aims for persons aged 19 or over: provision of facilities)(45); and

(c) section 88 (learning aims for persons aged 19 or over: payment of tuition fees)(46).

(2) The functions mentioned in paragraph (1) do not include—

(a) any functions relating to apprenticeship training;

(b) any functions relating to persons subject to adult detention; or

(c) any power to make regulations or orders.

(3) The functions mentioned in paragraph (1) are exercisable by the Combined Authority instead of by the Secretary of State.

Functions of the Secretary of State to be exercisable concurrently with the Combined Authority in relation to the Combined Area

30.—(1) Subject to paragraph (2), the functions of the Secretary of State set out in the following provisions of ASCLA are exercisable by the Combined Authority in relation to the Combined Area—

(a) section 90 (encouragement of education and training for persons aged 19 or over and others subject to adult detention)(47); and

(b) section 100(1) (provision of financial resources)(48).

(2) The functions mentioned in paragraph (1) do not include—

(a) any function relating to apprenticeship training; or

(b) any function relating to persons subject to adult detention.

(3) The functions mentioned in paragraph (1) are exercisable concurrently with the Secretary of State in relation to the Combined Area.

Conditions on the exercise of functions mentioned in articles 29 and 30

31.—(1) The Combined Authority must adopt rules of eligibility for awards by an institution to which it makes grants, loans or other payments under section 100(1) of ASCLA in accordance with any direction given by the Secretary of State.

(2) In exercising the functions mentioned in articles 29 and 30, the Combined Authority must have regard to guidance issued by the Secretary of State for the purpose of this article (as amended from time to time or as replaced by a subsequent document)(49).

(3) In paragraph (1), “award” has the same meaning as in regulation 2(1) of the Education (Fees and Awards) (England) Regulations 2007(50).

Modification of provisions in ASCLA

32.  For the purpose of the exercise by the Combined Authority of the functions mentioned in articles 29 and 30, sections 86 to 88, 90, 100, 101, 103, 115 and 121 of ASCLA apply in relation to the Combined Authority with the modifications set out in Schedule 3.

Functions of the constituent councils to be exercised concurrently with the Combined Authority

33.—(1) The functions of the constituent councils described in the provisions set out in paragraph (2) are exercisable by the Combined Authority in relation to the Combined Area.

(2) The provisions referred to in paragraph (1) are—

(a) section 51A of the Further and Higher Education Act 1992 (duty to provide for named individuals: England)(51);

(b) section 13A of the Education Act 1996 (duty to promote high standards and fulfilment of potential)(52);

(c) sections 15ZA, 15ZB, 15ZC, 18A(1)(b), 514A and 560A of the Education Act 1996 (duties and powers related to the provision of education and training for persons over compulsory school age)(53);

(d) section 10 of the Education and Skills Act 2008 (local authority to promote fulfilment of duty imposed by section 2)(54);

(e) section 12 of the Education and Skills Act 2008 (duty to make arrangements to identify persons not fulfilling duty imposed by section 2)(55);

(f) section 68 of the Education and Skills Act 2008 (support services: provision by local authorities)(56);

(g) section 70 of the Education and Skills Act 2008 (local authorities: supplementary powers)(57);

(h) section 71 of the Education and Skills Act 2008 (provision of support on conditional basis: learning and support agreements)(58); and

(i) section 85 of the Education and Skills Act 2008 (co-operation as regards provision of 14–19 education and training)(59).

(3) The functions are exercisable concurrently with the constituent councils.

(4) Any requirement in any enactment for—

(a) a constituent council to exercise any of the functions referred to in paragraph (1) may be fulfilled by the exercise of that function by the Combined Authority;

(b) the Combined Authority to exercise any of the functions referred to in paragraph (1) may be fulfilled by the exercise of that function by a constituent council.

(5) The provisions referred to in paragraph (1) apply to the Combined Authority as they apply to a constituent council.

PART 7 Housing, regeneration and planning

Conferral of functions corresponding to functions that the Homes and Communities Agency has in relation to the Combined Area

34.—(1) The functions of the Homes and Communities Agency (“ HCA”)(60) which are specified in the following provisions of the 2008 Act, as applied in accordance with article 36(4), are exercisable by the Combined Authority in relation to the Combined Area—

(a) section 5 (powers to provide housing or other land);

(b) section 6 (powers for regeneration, development or effective use of land);

(c) section 7 (powers in relation to infrastructure);

(d) section 8 (powers to deal with land etc);

(e) section 9 (acquisition of land);

(f) section 10 (restrictions on disposal of land);

(g) section 11 (main powers in relation to acquired land);

(h) section 12 (powers in relation to, and for, statutory undertakers);

(i) section 19 (power to give financial assistance);

(j) paragraphs 19 and 20 (powers in relation to burial grounds and consecrated land etc.) of Schedule 3 (main powers in relation to land acquired by the HCA); and

(k) paragraphs 1, 2, 3, 4, 6 (extinguishment or removal powers for the HCA), 10 (counter-notices) and 20 (notification of proposal to make order) of Schedule 4 (powers in relation to, and for, statutory undertakers).

(2) The Combined Authority must exercise the functions described in the provisions specified in paragraph (1) for the purposes of, or for purposes incidental to the objectives of—

(a) improving the supply and quality of housing in the Combined Area;

(b) securing the regeneration or development of land or infrastructure in the Combined Area;

(c) supporting in other ways the creation, regeneration or development of communities in the Combined Area or their continued well-being; and

(d) contributing to the achievement of sustainable development and good design in the Combined Area,

with a view to meeting the needs of people living in the Combined Area.

(3) The functions described in the provisions specified in paragraph (1) are—

(a) exercisable concurrently with the HCA; and

(b) subject to Schedules 2 (acquisition of land) and 3 (main powers in relation to land acquired by the HCA) to the 2008 Act.

(4) In paragraph (2) “good design” and “needs” have the meanings given by section 2(2) of the 2008 Act and the reference to improving the supply of housing includes a reference to improving the supply of particular kinds of housing.

(5) The exercise of the function referred to in paragraph (1)(e) requires the consent of a Constituent Council Member appointed by a constituent council whose area contains any part of the land in relation to which the function is to be exercised.

Acquisition and appropriation of land for planning and public purposes

35.—(1) The functions of the constituent councils specified in the following provisions of the HA 1985 and the 1990 Act as applied by article 36(3) and (4) are exercisable by the Combined Authority in relation to the Combined Area—

(a) section 8 of the HA 1985 (periodic review of housing needs);

(b) section 11 of the HA 1985 (provision of board and laundry facilities);

(c) section 12 of the HA 1985 (provision of shops, recreation and grounds etc.);

(d) section 17 of the HA 1985 (acquisition of land for housing purposes)(61);

(e) section 18 of the HA 1985 (duties with respect to buildings acquired for housing purposes);

(f) section 226 of the 1990 Act (compulsory acquisition of land for development and other planning purposes)(62);

(g) section 227 of the 1990 Act (acquisition of land by agreement);

(h) section 229 of the 1990 Act (appropriation of land forming part of common, etc);

(i) section 230(1)(a) of the 1990 Act (acquisition of land for purposes of exchange);

(j) section 232 of the 1990 Act (appropriation of land held for planning purposes);

(k) section 233 of the 1990 Act (disposal by local authorities of land held for planning purposes)(63);

(l) section 235 of the 1990 Act (development of land held for planning purposes);

(m) section 236 of the 1990 Act (extinguishment of rights over land compulsorily acquired)(64);

(n) section 238 of the 1990 Act (use and development of consecrated land);

(o) section 239 of the 1990 Act (use and development of burial grounds); and

(p) section 241 of the 1990 Act (use and development of open spaces).

(2) The exercise of the functions in paragraphs (1)(b) to (d) and (f) requires the consent of each Constituent Council Member whose constituent council’s area contains any part of the land in relation to which the function is to be exercised.

(3) The functions are exercisable concurrently with the constituent councils.

(4) Any requirement in any enactment for a constituent council to exercise any of the functions described in paragraph (1) may be fulfilled by the exercise of that function by the Combined Authority.

(5) The provisions referred to in paragraph (1) apply to the Combined Authority as they apply to a constituent council.

Application of provisions of the HA 1985, the 1990 Act and the 2008 Act

36.—(1) This article has effect in consequence of articles 34 and 35.

(2) For the purposes of article 35(1)(a) to (e) the Combined Authority is to be treated as a local housing authority for the Combined Area.

(3) Part 9 of the 1990 Act (acquisition and appropriation of land for planning purposes, etc) applies in relation to the Combined Authority and land vested in or acquired by the Combined Authority for planning and public purposes as it applies to a constituent council and land vested in or acquired by a constituent council for planning and public purposes.

(4) Chapters 1 and 2 of Part 1 of, and Schedules 2 to 4 to, the 2008 Act apply in relation to the powers of the Combined Authority to acquire land for housing and infrastructure under the functions specified in article 34(1) as they apply to the HCA and land acquired by the HCA but with the modifications specified in Schedule 4 (modification of the 2008 Act) to this Order.

Spatial development strategy

37.—(1) The Combined Authority has, in relation to the Combined Area, functions corresponding to the functions described in the provisions of the 1999 Act specified in paragraph (2) that the Mayor of London has in relation to Greater London.

(2) The provisions of the 1999 Act referred to in paragraph (1) are—

(a) section 334 (the spatial development strategy);

(b) section 335 (public participation)(65);

(c) section 336 (withdrawal);

(d) section 337 (publication)(66);

(e) section 338 (examination in public)(67);

(f) section 339 (review of matters affecting the strategy);

(g) section 340 (reviews of the strategy);

(h) section 341 (alteration or replacement);

(i) section 342 (matters to which the Mayor is to have regard)(68);

(j) section 346 (monitoring and data collection)(69); and

(k) section 348 (Mayor’s functions as to planning around Greater London).

(3) The exercise by the Combined Authority of any of the functions corresponding to the functions in sections 334, 335, 336, 337 and 341 of the 1999 Act requires the consent of a Constituent Council Member appointed by a constituent council whose area contains any part of the land in relation to which the function is to be exercised.

(4) The conferral on the Mayor of the duty to produce a Spatial Development Strategy under this Order may only occur by virtue of a unanimous vote in favour by all seven of the Constituent Council members in line with paragraph 2(7)(c) of Schedule 1 to this Order.

Adaptation of enactments in consequence of article 37

38.—(1) This article has effect in consequence of article 37(1).

(2) Part 8 of the 1999 Act applies in relation to the preparation and publication of a spatial development strategy by the Combined Authority as it applies in relation to the preparation and publication of a spatial development strategy by the Mayor of London, with the modifications made by Part 1 of Schedule 5.

(3) Sections 343 (regulations) and 420 (orders and regulations) of the 1999 Act apply in relation to the functions of the Secretary of State to make regulations by statutory instrument in relation to all or any of the following—

(a) the form and content of the spatial development strategy published by the Combined Authority;

(b) the documents (if any) the Secretary of State requires to accompany the spatial development strategy published by the Combined Authority;

(c) the procedure to be followed by the Combined Authority in connection with the preparation, withdrawal, publication, making, review, alteration or replacement of the spatial development strategy, or in connection with any review under section 339 as modified by Part 1 of Schedule 5; and

(d) the procedure to be followed at an examination in public examining matters affecting the consideration of the spatial development strategy,

as they apply in relation to the functions of the Secretary of State to make such regulations in relation to the spatial development strategy published by the Mayor of London.

(4) Subject to paragraph (6) and to Schedule 5, in any enactment (whenever passed or made)—

(a) any reference to a spatial development strategy; or

(b) any reference which falls to be read as a reference to a spatial development strategy,

is to be treated as including a reference to a strategy prepared and published in accordance with the functions conferred by article 37(1).

(5) Sections 19 (preparation of local development documents), 24 (conformity with regional strategy), 37 (interpretation), 38 (development plan) and 113 (validity of strategies, plans and documents) of the 2004 Act(70) apply in relation to the preparation and publication of a spatial development strategy by the Combined Authority as they apply in relation to the preparation and publication of a spatial development strategy by the Mayor of London, with the modifications made by Part 2 of Schedule 5.

(6) Paragraph (4) does not apply to—

(a) section 41 of the 1999 Act (general duties of the Mayor in relation to his strategies)(71);

(b) section 356A of the 1999 Act (London Waste and Recycling Board)(72); and

(c) the Town and Country Planning (London Spatial Development Strategy) Regulations 2000(73).

PART 8 Mayoral development corporations

Mayoral development corporations

39.—(1) The Combined Authority has, in relation to the Combined Area, functions corresponding to the functions described in the provisions in the 2011 Act specified in paragraph (2) that the Mayor of London has in relation to Greater London.

(2) The provisions in the 2011 Act referred to in paragraph (1) are—

(a) section 197 (designation of Mayoral development areas);

(b) section 199 (exclusion of land from Mayoral development areas);

(c) section 200 (transfers of property etc to a Mayoral development corporation)(74);

(d) section 202 (functions in relation to town and country planning);

(e) section 204 (removal or restriction of planning functions);

(f) section 214 (powers in relation to discretionary relief from non-domestic rates);

(g) section 215 (reviews);

(h) section 216 (transfers of property, rights and liabilities)(75);

(i) section 217 (dissolution: final steps);

(j) section 219 (guidance by the Mayor);

(k) section 220 (directions by the Mayor);

(l) section 221 (consents);

(m) paragraph 1 of Schedule 21 (membership);

(n) paragraph 2 of Schedule 21 (terms of appointment of members);

(o) paragraph 3 of Schedule 21 (staff);

(p) paragraph 4 of Schedule 21 (remuneration etc: members and staff);

(q) paragraph 6 of Schedule 21 (committees); and

(r) paragraph 8 of Schedule 21 (proceedings and meetings).

Application of provisions in the 2011 Act

40.—(1) Chapter 2 of Part 8 of the 2011 Act (Mayoral development corporations) applies in relation to the Combined Authority as it applies in relation to the Mayor of London, with the modifications made by Schedule 6.

(2) Chapter 2 of Part 8 of the 2011 Act applies in relation to a Corporation as it applies in relation to a Mayoral development corporation, with the modifications made by Schedule 6.

(3) Subject to paragraph (6), in any enactment (whenever passed or made)—

(a) any reference to a Mayoral development corporation; or

(b) any reference which falls to be read as a reference to a Mayoral development corporation,

is to be treated as including a reference to a Corporation.

(4) For the purposes of any transfer scheme relating to a Corporation under any provisions of the 2011 Act applied with modifications by this Order, paragraph 9 of Schedule 24 to the 2011 Act (transfers under scheme under section 17, 200(1) or (4) or 216(1)) applies in relation to—

(a) any property, rights or liabilities transferred to or from a Corporation in accordance with a transfer scheme; or

(b) anything done for the purposes of, or in relation to, or in consequence of, the transfer of any property, rights or liabilities to or from a Corporation in accordance with such a transfer scheme,

as it applies in relation to a Mayoral development corporation.

(5) For the purposes of establishing a Corporation, giving the Corporation a name, giving effect to any decisions notified to the Secretary of State under sections 199(4) (exclusion of land from Mayoral development areas), 202(8) (decisions about planning functions), or 214(6) (powers in relation to discretionary relief from non-domestic rates) of the 2011 Act or in relation to the transfer of land to or from a Corporation under any provision of the 2011 Act, applied with modifications by this Order, section 235 of the 2011 Act (orders and regulations) applies in relation to—

(a) the power of a Minister of the Crown to make an order under sections 198(2) (mayoral development corporations: establishment) and 200(6) (transfers of property etc to a Mayoral development corporation) of that Act; and

(b) the power of the Treasury to make regulations under paragraph 9(2) of Schedule 24 to that Act,

as it applies in relation to the establishment of a Mayoral development corporation, giving the corporation a name, giving effect to any decisions notified to the Secretary of State (under sections 199(4), 202(8) and 214(6) of the 2011 Act) or in relation to the transfer of land to or from a Mayoral development corporation.

(6) Paragraph (3) does not apply to—

(a) paragraph 9(8)(a) of Schedule 2 to the Channel Tunnel Rail Link Act 1996 (works: further and supplementary provisions)(76);

(b) section 31(1A) of the 1999 Act (limits of the general power)(77);

(c) section 38 of the 1999 Act (delegation)(78);

(d) section 60A(3) of the 1999 Act (confirmation hearings etc for certain appointments by the Mayor or Mayor’s office for policing and crime)(79);

(e) section 68(6) of the 1999 Act (disqualification and political restriction)(80);

(f) section 73 of the 1999 Act (monitoring officer)(81);

(g) section 403B of the 1999 Act (acquisition of land by MDC and TfL for shared purposes)(82);

(h) section 424 of the 1999 Act (interpretation)(83);

(i) section 24(4) of the 2004 Act (conformity with spatial development strategy)(84); and

(j) paragraph 8(8)(a) of Schedule 2 to the Crossrail Act 2008 (works: further and supplementary provisions)(85).

(7) In this article “transfer scheme” means a transfer scheme under section 200(1) or (4) or 216(1) of the 2011 Act.

Mayoral development corporation: incidental provisions

41.—(1) The following provisions of the 1989 Act apply in relation to a Corporation as if it were a local authority—

(a) section 1 (disqualification and political restriction of certain officers and staff)(86); and

(b) sections 2 and 3A (politically restricted posts and exemptions from restriction) insofar as they have effect for the purposes of section 1.

(2) Section 5 of the 1989 Act (designation and reports of monitoring officer)(87) applies in relation to the Combined Authority as if a Corporation were a committee of the Combined Authority.

(3) Section 32 of the 2003 Act (application to Greater London Authority) applies in relation to expenditure of a Corporation but as if—

(a) each reference to a functional body were a reference to a Corporation;

(b) each reference to the Greater London Authority were a reference to the Combined Authority;

(c) each reference to the Mayor of London were a reference to the Mayor; and

(d) subsection (7) were omitted.

PART 9 Mayoral functions and funding

Functions

42.—(1) The functions of the Combined Authority specified in paragraph (2) are general functions exercisable only by the Mayor.

(2) The functions referred to in paragraph (1) are—

(a) the functions of the Combined Authority corresponding to those specified in—

(i) section 17 of the HA 1985 (acquisition of land for housing purposes) insofar as they are exercisable for the purpose of acquiring land compulsorily in accordance with section 17(3); and

(ii) section 9(2) of the 2008 Act (acquisition of land);

(b) the functions of the Combined Authority corresponding to those specified in sections 334 to 342 and 346 of the 1999 Act;

(c) the functions of the Combined Authority corresponding to those specified in the following provisions of the 2000 Act—

(i) section 108 (local transport plans);

(ii) section 109 (further provision about plans: England);

(iii) section 112 (plans and strategies: supplementary);

(iv) section 154(1) (grants to bus service operators);

(d) the power to pay grants under section 31 of the 2003 Act (power to pay grant);

(e) the functions of the Combined Authority corresponding to the functions specified in the following provisions of the 2011 Act—

(i) section 197 (designation of mayoral development areas);

(ii) section 199 (exclusion of land from Mayoral development areas);

(iii) section 200 (transfer of property etc. to a Mayoral development corporation);

(iv) section 202 (functions in relation to Town and Country Planning);

(v) section 204 (removal or restriction of planning functions);

(vi) sections 214 to 217;

(vii) sections 219 to 221; and

(viii) paragraphs 1 to 4, 6 and 8 of Schedule 21 (Mayoral Development Corporations);

(f) the functions conferred by article 45 of this Order (conferral of the Business Rates Supplements functions).

(3) The exercise by the Mayor of the functions specified in paragraph (2)(a) requires the consent of each Constituent Council Member whose constituent council’s area contains any part of the land in relation to which the function is to be exercised.

(4) The exercise by the Mayor of the functions corresponding to the functions contained in section 197(1) of the 2011 Act (designation of Mayoral development areas) requires the consent of each Constituent Council Member whose constituent council’s area contains any part of the land in relation to which the function is to be exercised.

(5) The exercise by the Mayor of the functions corresponding to the functions contained in section 199(1) of the 2011 Act (exclusion of land from Mayoral development areas) in respect of any Mayoral development area requires the consent of each Constituent Council Member whose constituent council’s area contains any part of the land in relation to which the function is to be exercised.

(6) The exercise by the Mayor of the functions corresponding to the functions contained in section 202(2) to (4) of the 2011 Act (functions in relation to town and country planning) in respect of any Mayoral development area requires the consent of—

(a) the Northumberland National Park Authority if the Combined Authority proposes to exercise the functions in respect of the whole or any part of the area of the Northumberland National Park; and

(b) each Constituent Council Member whose constituent council’s area contains any part of the land in relation to which the function is to be exercised.

(7) The exercise by the Mayor of any other function requires the consent of each Constituent Council Member whose constituent council’s area contains any part of the land in relation to which the function is to be exercised if it would lead to a financial liability falling directly upon that constituent council or if the requirement for such consent is specified in the Combined Authority’s constitution (see Schedule 1).

(8) Members and officers of the Combined Authority may assist the Mayor in the exercise of the functions referred to in paragraph (2).

(9) For the purposes of the exercise of the general functions mentioned in paragraph (1) the Mayor may do anything that the Combined Authority may do under section 113A of the 2009 Act (general power of EPB or Combined Authority).

(10) The Mayor may not delegate any of their functions to their political adviser appointed under article 17.

Joint committees

43.—(1) The Mayor may enter into arrangements jointly with the Combined Authority, the constituent councils and other councils in accordance with section 101(5) of the 1972 Act for the discharge of the general functions of the Combined Authority which are exercisable only by the Mayor pursuant to article 42(88).

(2) In this article “other council” means the council for a county or district in England, or another combined authority.

Funding

44.—(1) Subject to paragraph (2) and article 26 (funding in respect of transport functions – levy), the constituent councils must ensure that the costs of the Combined Authority reasonably attributable to the exercise of its functions are met.

(2) Subject to paragraph (4), the constituent councils must meet the costs of the expenditure reasonably incurred by the Mayor in, or in connection with, the exercise of the functions referred to in article 42(1) to the extent that the Mayor has not decided to meet these costs from other resources available to the Combined Authority.

(3) Any amount payable by each of the constituent councils to ensure that the costs of the Combined Authority referred to in paragraphs (1) and (2) are met is to be determined by apportioning such costs between the constituent councils in such proportions as they may agree or, in default of such agreement, in equal shares between the constituent councils.

(4) In relation to the expenditure mentioned in paragraph (2)—

(a) to the extent to which such expenditure is met by amounts payable under arrangements made under paragraph (3)—

(i) the Mayor must agree with the Combined Authority the total expenditure mentioned in paragraph (2) in advance of incurring this expenditure; and

(ii) in the absence of the agreement specified in paragraph (i), no such expenditure may be incurred;

(b) any precept issued in relation to such expenditure under section 40 of the Local Government Finance Act 1992(89) is to be disregarded from any calculation of the costs of the expenditure.

Conferral of the Business Rate Supplements functions

45.—(1) The Combined Authority has, in relation to the Combined Area, functions corresponding to the functions conferred on the Greater London Authority in relation to Greater London by the Business Rate Supplements Act 2009 (“the BRSA”)(90).

(2) Paragraph (1) does not apply in relation to the function conferred by section 3(5) of the BRSA.

Modification of BRSA in consequence of article 45

46.  For the purposes of article 45, the BRSA (as defined in that article) applies to the Combined Authority as if—

(a) references to the Greater London Authority in section 2(1) (levying authorities) and in section 5(2) (prospectus) of the BRSA included references to the Combined Authority;

(b) references in that Act to a lower-tier authority include references to a constituent council whose area forms part of the Combined Area.

PART 10 Additional functions and incidental provision

Other functions

47.—(1) The functions of the constituent councils described in the provisions specified in paragraph (2) are exercisable by the Combined Authority in relation to the Combined Area.

(2) The provisions referred to in paragraph (1) are—

(a) section 144 of the 1972 Act (the power to encourage visitors and provide conference and other facilities)(91);

(b) section 145 of the 1972 Act (provision of entertainments)(92); and

(c) section 69 of the 2009 Act (duty to prepare an assessment of economic conditions).

(3) The functions referred to in paragraph (1) are exercisable concurrently with the constituent councils.

(4) Any requirement in any enactment for a constituent council to exercise such a function may be fulfilled by the exercise of that function by the Combined Authority.

(5) The provisions specified in paragraph (2) apply to the Combined Authority as they apply to a constituent council.

Incidental provisions

48.—(1) The provisions specified in paragraph (2) have effect in relation to the Combined Authority as if the Combined Authority were a local authority for the purposes of those provisions.

(2) The provisions referred to in paragraph (1) are—

(a) section 113 of the 1972 Act (placing staff at the disposal of other local authorities)(93);

(b) section 142(2) of the 1972 Act (power to arrange for publication information etc relating to the functions of the authority)(94); and

(c) section 222 of the 1972 Act (power to prosecute and defend legal proceedings)(95).

(3) The Combined Authority has the power to exercise any of the functions described in subsection (1)(a) and (b) of section 88 of the Local Government Act 1985 (research and collection of information)(96) whether or not a scheme is made under that section.

(4) For the purposes of paragraph (3) of this article, paragraphs (a) and (b) of section 88(1) of the Local Government Act 1985 have effect as if a reference to “that area” were a reference to the Combined Area.

(5) The functions of the constituent councils under section 1 of the 2011 Act, to the extent that those functions are exercisable for the purpose of economic development and regeneration, are exercisable by the Combined Authority in relation to the Combined Area.

Modification of section 13 of the 1989 Act

49.  Section 13 of the 1989 Act (voting rights of members of certain committees: England and Wales)(97) has effect in relation to the Combined Authority as if—

(a) in subsection (4), after paragraph (e) there were inserted—

“(ea) subject to subsection (4A), a committee appointed by the North East Mayoral Combined Authority;”; and

(b) after subsection (4) there were inserted—

“(4A) A person who is a member of a committee falling within paragraph (ea) of subsection (4) or a sub-committee appointed by such a committee must for all purposes be treated as a non-voting member of that committee or sub-committee unless that person is a member of one of the constituent councils within the meaning given in article 2 of the North East Mayoral Combined Authority (Establishment and Functions) Order 2024.”.

Amendment of the Local Government Pension Scheme Regulations 2013

50.—(1) Column 1 of the table in Part 2 of Schedule 3 (appropriate administering authority) to the Local Government Pension Scheme Regulations 2013(98) is amended in accordance with paragraph (2).

(2) For the entry beginning “An employee of the following combined authorities” substitute—

“An employee of the North East Mayoral Combined Authority established by the North East Mayoral Combined Authority (Establishment and Functions) Order 2024.”.

Data sharing

51.—(1) The functions of the constituent councils under section 17A of the Crime and Disorder Act 1998 (sharing of information)(99) are exercisable by the Combined Authority in relation to the Combined Area.

(2) The Combined Authority is a relevant authority for the purposes of section 115 (disclosure of information) of the Crime and Disorder Act 1998(100).

(3) The functions mentioned in paragraph (1) are exercisable concurrently with the constituent councils.

Signed by authority of the Secretary of State for Levelling Up, Housing and Communities

Jacob Young

Parliamentary Under Secretary of State

Department for Levelling Up, Housing and Communities

20th March 2024